Seventh Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements14 rules
A. Any and all hearings to be heard by the Court shall be attended by the attorneys and parties, in person, except as otherwise permitted by this Rule.
Microphones of all participants shall be muted at all times unless it is their turn to speak or unless otherwise instructed by the judge.
There shall be no video or audio hearing that shall occur if appearance by way of this method violates a person’s right of confrontation or any other statutory or constitutional right.
Any and all cell or landline phones must be turned off or disconnected at all times.
There shall be no distractions from any family member, person, or animal.
Attorneys shall be attired in ordinary business wear; all other participants shall be attired in a manner acceptable for an in-person court appearance.
Any person who appears must be located in a room with any and all access doors closed and with no one else in the room, except legal counsel.
No person shall smoke, eat, drink beverages, or engage in other distracting conduct while the hearing is in session.
If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.
There shall be no television, movie, or any other electronic device turned on such that it provides distraction to the person appearing by way of videoconferencing or to the Court.
A remote hearing requires advance authorization from the presiding District Court judge, including when a party, counsel, or witness seeks to appear remotely.
Court's wording
B. Any remote hearing, whether by teleconference, videoconference, or both, shall only occur with prior court authorization from the District Court judge presiding over the case. This shall include any hearing where either party, their legal counsel, or any witness desires to appear in court utilizing these methods.
C. The following types of hearings may occur by remote teleconferencing or videoconferencing means: - Criminal pretrial conferences - Non-evidentiary criminal pretrial motion hearings - Criminal sentencing hearings when the defendant is in custody - Civil pretrial conferences - Non-evidentiary civil pretrial motion hearings
The listed hearings may be held remotely only by party stipulation and/or court permission, at dates and times set by the Court, case by case and in the Court’s sole discretion.
Court's wording
D. The following types of hearings may occur by remote teleconferencing or videoconferencing means, only by way of stipulation of the parties and/or by permission of the Court, at times and dates specifically set by the Court, and on a case-by-case basis. The Court shall grant permission for remote hearings at its sole discretion: - Criminal preliminary hearings - Criminal arraignments - Criminal bond review hearings - The taking of or changing of plea(s) - Appeal hearings - Juvenile detention hearings - Harassment, domestic relations, and sexual assault protection order hearings - Criminal evidentiary hearings - Civil bench trials - Civil evidentiary hearings - Witness testimony during any civil or criminal trial or proceeding before a jury or to the bench - Weekly drug court hearings - Drug court termination and/or sanction hearings
Any party may petition the Court and request a hearing, on the record, for relief from, or to amend the proposed procedures, as outlined in this Rule.
Document Filing Requirements5 rules
All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county
If the correspondence entails the transmittal of pleadings or journal entries, orders, or decrees by the court, preaddressed, stamped envelopes required for those purposes shall be enclosed therewith.
All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.
All briefs shall identify the specific documents (pleadings, depositions, affidavits, admissions, and other discovery responses) by page and line which are claimed to support the position of that party.
The brief of the moving party shall contain a statement of each material fact supporting the contention that there is no genuine issue to be tried.
Filing & Service rules
Filing Timing and Cure Windows
The moving and opposing parties must submit their summary-judgment briefs no later than the hearing.
Both the moving party and the opposing party shall submit a brief in support of or in opposition to a motion for summary judgment at or prior to hearing.
Civil cases
Page 1 | Rule 7-11. Summary Judgments
Contempt proceedings are scheduled for the first Domestic Relations Day after 14 days have expired from filing.
provided further, contempt proceedings shall be set for hearing on the first Domestic Relations Day after the expiration of 14 days from the filing thereof.
Page 1 | C. Domestic Relations Calendar
Applications for modification are scheduled for the first Domestic Relations Day after 30 days have expired from perfected service.
provided, applications for modification shall be set for hearing on the first Domestic Relations Day after the expiration of 30 days from the perfecting of service;
Page 1 | C. Domestic Relations Calendar
Domestic relations matters are scheduled for the first Domestic Relations Day after 60 days have expired from perfected service.
The clerk of the district court shall maintain a Domestic Relations Calendar showing all domestic relations matters and scheduling the same for hearing on the first Domestic Relations Day after the expiration of 60 days from the perfecting of service;
Page 1 | C. Domestic Relations Calendar
Pretrial and posttrial motions are heard on the next regularly scheduled civil motion day after 10 days have expired from filing.
All pretrial and posttrial motions shall be heard on the next succeeding regularly scheduled civil motion day (established annually by order of the court) following expiration of 10 days after filing.
Page 1 | Rule 7-7. Civil, Criminal, and Domestic Relations Dockets
Criminal matters are scheduled for hearing on the first Criminal Day after filing, unless the court orders otherwise.
The clerk of the district court shall maintain a Criminal Calendar showing all criminal matters and scheduling the same for hearing on the first Criminal Day after the filing thereof or as ordered by the court.
Page 1 | B. Criminal Calendar
Counsel who choose not to appear personally may provide a written memorandum supporting or opposing the motion at least 3 days before the hearing.
Counsel electing not to appear personally may provide the court with a written memorandum of authority in support of or opposition to the motion at least 3 days prior to the hearing date.
Page 1 | A. Civil Motion Calendar
Service and Proof of Service Rules
A copy of correspondence to the court about pending litigation must be mailed to opposing counsel or the pro se litigant.
a copy of such correspondence shall be mailed to opposing counsel or pro se litigant.
Page 1 | Rule 7-4. Correspondence with the Court
Filing Fees and Waivers
Photocopies of public filings cost 25 cents per page.
Any person may obtain photocopies of any public filings at a cost of 25 cents per page.
Page 1 | Rule 7-8. Court Files
Pre-Motion Conference Requirements
In covered domestic relations actions without a timely stipulated parenting plan, parties must participate in mediation or specialized alternative dispute resolution, and no final hearing or trial may be held until mediation has been attempted, subject to the stated statutory exception.
Except as provided by § 43-2937(4), all parties to a domestic relations action involving child custody, child support, parenting time, visitation or other access, or removal from the jurisdiction of the court, including original actions or modifications, who have not submitted a stipulated parenting plan to the court by the date of the pretrial conference, or in the event there is no pretrial conference, by the date of the final hearing/trial shall be required to participate in mediation or specialized alternative dispute resolution in an effort to complete a stipulated parenting plan, and no final hearing/trial will be held until mediation has been attempted in accordance with §§ 43-2937(3) and 43-2939(6).
Civil cases
Page 1 | Rule 7-12. Mediation in Domestic Relations Cases (Parenting Act, § 43-2920 et seq.)
Chambers Communication Rules
The presiding District Court judge or a designee must coordinate and facilitate communication with the listed judicial stakeholders to plan and implement any necessary emergency modified court operations plan.
D. It shall be the responsibility of the presiding District Court judge, or any other individual designated by the presiding District Court judge, to coordinate and facilitate communication with those judicial stakeholders, as listed in Paragraph C above, in order to plan and implement any emergency modified court operation plan which is deemed necessary for the continued administration of law and justice, for the benefit of the general public.
Page 1 | D. Coordination and communication with judicial stakeholders
When emergency modified court operations are necessary, the Clerk or a designee must notify court users, legal counsel, interpreters, jurors, and the public about the operations, how court functions will occur, and when normal operations will resume, using a reasonable and necessary information-dissemination method.
G. In the event that any emergency modified court operations are necessary, the Clerk of the District Court, or any person he/she might so designate, shall be responsible for notifying any and all court users, legal counsel, interpreters, and jurors, as well as the general public, concerning the necessity of emergency modified court operations, how any future mission essential or nonessential functions of the Court will occur, and when these are discontinued and normal court operations will resume. This will occur by the use of any postal, internet, telephone, news/media outlet, or any other form of information dissemination which the District Court Clerk deems reasonable and necessary in order to convey this information.
Page 1 | G. Notice of emergency modified court operations
At their discretion, District Court judges consult the listed judicial stakeholders when planning and implementing emergency modified court operations.
C. The following list of judicial stakeholders shall be consulted by the District Court judges, at their discretion, when planning and implementing any emergency modified court operations: 1. County attorney; 2. County public defender; 3. Local bar association representatives; 4. District Court clerk; 5. Local county board of commissioners; 6. Courthouse and community law enforcement officials; 7. Courthouse jailer; 8. Judicial staff; and 9. Local Probation Office.
Page 1 | C. Judicial stakeholders to be consulted
Attorneys may contact county or district court clerks to request placement on or removal from the court-appointed list.
Attorneys may contact the clerks in each county and district court and may request the clerks thereof to place them on or remove them from the court-appointed list.
Criminal cases
Page 1 | Rule 7-6. Appointment of Counsel for Indigent Individuals
Junior Lawyer Participation Incentives
Less experienced attorneys are to receive cases within their capabilities and an opportunity to expand their experience under supervision.
Less experienced attorneys shall be assigned cases which are within their capabilities, but shall be given the opportunity to expand their experience under supervision.
Criminal cases
Page 1 | Rule 7-6. Appointment of Counsel for Indigent Individuals